Wells v. Thompson
Supreme Court of Georgia
Probate of will. Before Judge Frank Park. Dougherty superior court. January 25, 1912. A. J. Wells, the nominated executor of the alleged will of Mrs. Evie Brown, applied for the probate of the same in solemn form. A caveat was filed by Mrs. Pearl M. Thompson, who claimed to be the sole heir at law of Mrs. Brown.
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Probate of will. Before Judge Frank Park. Dougherty superior court. January 25, 1912. A. J. Wells, the nominated executor of the alleged will of Mrs. Evie Brown, applied for the probate of the same in solemn form. A caveat was filed by Mrs. Pearl M. Thompson, who claimed to be the sole heir at law of Mrs. Brown. The grounds of the caveat were in substance as follows: (a) Mrs. Brown, at the time the alleged will purports to have been executed, was not of sound and disposing mind and memory, but was then a lunatic, and continuously so remained until the date of her death. (5) If Mrs. Brown…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) Upon the trial of the issue devisavit vel non, the burden was upon the proponent to prove the due execution of the instrument offered for probate as the will of Mrs.. Brown — that is, that she signed it 'as her will, and that it was attested and subscribed in her presence by three or more attesting witnesses (Civil Code, § 3846), and that she, at the time of its execution, was mentally capable of making a will. To successfully carry this burden (it being a proceeding to probate a will in solemn form) it was incumbent upon the proponent to prove the paper…
2Cases cited9 opinions
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